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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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how do I apply to the magistrates court to have my revoked

Customer Question

how do I apply to the magistrates court to have my revoked driving license re instated the DVLA refuse to tell me until they have "gone through the process" yet almost 3 months later with no sign of resolution either way I'm a prisoner in my own home through disability when I told them I was showing the first signs of depression they kindly said you'll have to fill in another form the very thing that takes them 2 weeks to open an envelope and up to 8 weeks to do anything about it!
I also wish to sue the MET police because their innacurate sensationalist reporting clearly was the cause of this and it is my belief the report was tailored to ensure as the officer said "its my duty to make sure you never drive again" yet 2 hospital consultants and my GP have all said this is a joke there is no way I should be precluded from driving. The officer freaked out when I told him I take 160mg of morphine twice daily stating its no wonder you blacked out which I didn't when I protested it was clear he was not best pleased retorting "accident victims get 5mg max and they are out of it your telling me you can function on 160 mg you should never be driving again!" however he makes no mention of that in his report he makes out I am at deaths door unconscious struggling to breath confused, London Ambulance Service report completely refutes that saying I was conscious and alert as does he in the part of the report that would quite easily be overlooked but not in the main legible part of his erroneous statement!
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but you have to be realistic.
You cannot apply to the Magistrates Court because there isn't a decision from the DVLA to appeal against. You can complain to the DVLA but three months is actually a very short period of time. I have know people who have been waiting for a year plus.
Further there is no claim against the MET. If their reporting was wrong the DVLA would have discovered that fairly quickly and discontinued it. All the police do is make a referral to the DVLA. They investigate the medical issue and if you are receiving morphine in those doses then you are actually under a duty to report to the DVLA yourself.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo

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